NAZAR HUSSAIN vs Syed IQBAL AHMAD QADRI (DECEASED) S — 2022 SCMR 1216 SUPREME-COURT

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NAZAR HUSSAIN VS Syed IQBAL AHMAD QADRI (DECEASED) S. 12---Suit for specific performance of an agreement to sell immoveable property---Balance sale consideration not paid in court---Unfair advantage to buyer where suit decreed after a lapse of many years---If a buyer does not fulfil his primary obligation to secure/tender the sale consideration and files suit (for specific performance of agreement to sell), and does so without depositing the sale consideration in court, the buyer is placed in an advantageous position---In the present case, the agreement (to sell) is dated 17 March 2004; and the suit was filed on 17 March 2007; and now in the year 2022, after eighteen years, it would be eminently unfair if the purported buyers (petitioners), are permitted to pay the same amount to the seller---Over time the price of land has increased and the value of the local currency has continuously depreciated, therefore, if the suit was to be decreed now it would give an unfair advantage to the petitioners, who would have got the plot for what effectively would have been a lesser price (in real terms) than what the parties had agreed to in the agreement---Furthermore according to the petitioners own version they had paid to the seller an abysmal 5.8 percent of the total sale consideration---Suit for specific performance of agreement to sell was rightly dismissed by courts below---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description Citation Name: 2022 SCMR 1216 SUPREME-COURTBookmark this Case NAZAR HUSSAIN VS Syed IQBAL AHMAD QADRI (DECEASED) S. 12---Suit for specific performance of an agreement to sell immoveable property---Balance sale consideration, payment of---Seller/vendor refusing to accept balance sale consideration---Buyer's primary obligation in a contract of sale is to make payment of the balance sale consideration as stipulated in the contract---If the seller refuses to receive payment the buyer must establish that he had the required money which was kept aside for the seller, for instance, by making a pay order or cashier cheque in his name; this would show that the buyer no longer had access to the sale consideration---Alternatively, the buyer could deposit it (the balance sale consideration) in court. Head NotesCase Description Citation Name: 2022 SCMR 1216 SUPREME-COURTBookmark this Case NAZAR HUSSAIN VS Syed IQBAL AHMAD QADRI (DECEASED) S. 23---Specific Relief act, (I of 1877), S. 12---Suit for specific performance of an agreement to sell a plot in the Federal Government Employees Housing Foundation Housing Scheme ('the Housing Scheme')---Sale of plot opposed to public policy---In the present case, the agreement to sell the plot in the Housing Scheme was opposed to public policy as the Housing Scheme was meant to provide land to eligible Federal Government employees---Purpose of the Housing Scheme is negated if the purported buyers (petitioners), who were not Federal Government employees, can benefit therefrom, and, to do so by putting forward an eligible Federal Government employee to obtain a plot which they are not otherwise entitled to---Those not eligible and entitled to get such plots could also not do indirectly what they could not do directly, by for instance finance the purchase of a plot which would not go to the Federal Government employee---Suit for specific performance of agreement to sell the plot was rightly dismissed by courts below---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description

NAZAR HUSSAIN vs Syed IQBAL AHMAD QADRI (DECEASED) S — 2022 SCMR 1216 SUPREME-COURT

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